DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election of Claims 1, 8-9 in the reply filed on December 15, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Charbonnet (US 8424711) in view of Brady (US 2017036).
Regarding Claim 1, Charbonnet discloses lid (100) for a beverage container comprising a lower lid having a perimeter skirt (102) adapted to secure the lower lid to an opening of the beverage container. Charbonnet also discloses a lip (106) portion radially inward from the skirt and extending upward from the skirt and defining an inside surface. Charbonnet also discloses an annular portion radially inward from the lip portion and defining a plurality of openings (112) through which liquid from the container may flow wherein the annular portion comprises a trough (channel 114) in which the openings are defined. Charbonnet does not disclose an upper horizontal lid which is enables the upper lid to move away in response to the flow of fluid.
Brady discloses a similar lid (1) comprising a lower lid (2) having a perimeter skirt and defining a plurality of opening (3) through which a liquid from a container may flow. Brady also discloses an upper horizontal lid (4) resting on the lower lid by gravity and having a perimeter edge that is sized to closely conform with the inside surface. The upper lid (4) covers the annular portion as it rests on the lower lid.
Brady discloses a stop mechanism (shaft 9) cooperating with the lower lid and the upper lid to limit the range of motion of the upper lid with respect to the lower lid, wherein the stop mechanism enables the upper lid to move away for a distance from the lower lid in response to pressure exerted upon the upper lid by liquid flowing out of the container through the openings as the container is tilted, and wherein the stop mechanism prevents the upper lid from being expelled from the lower lid, and wherein the upper lid returns to resting on the lower lid by gravity as the container is returned to vertical (Page 1 Col. 2 Lines 5-17).
Charbonnet and Brady are analogous inventions in the art of lids for containers having flow-through apertures for liquid contents.
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the lid of Charbonnet with the upper horizontal lid and stop mechanism of Brady in order to facilitate the automatic opening and closing of the container to form a secure closure against the entrance of air into the container, the escape of gas from the container, and provide a convenient means for the user to pour liquids without the necessity of removing the cap (Col. 1 Lines 1-17).
Allowable Subject Matter
Claims 8 and 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIDEON R. WEINERTH whose telephone number is (571)270-5121. The examiner can normally be reached Monday-Friday 10AM-6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando Aviles can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GIDEON R WEINERTH/Examiner, Art Unit 3736